This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

46379 

Vol. 79, No. 153 

Friday, August 8, 2014 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2013–BT–STD–0022] 

RIN 1904–AD00 

Energy Conservation Standards for 

Refrigerated Beverage Vending 

Machines: Public Meeting and 

Availability of the Preliminary 

Technical Support Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of preliminary technical 

support document. 

SUMMARY: The U.S. Department of 

Energy (DOE) will hold a public meeting 

to discuss and receive comments on the 

preliminary analysis it has conducted 

for purposes of considering amended 

energy conservation standards for 

refrigerated beverage vending machines. 

The meeting will cover the analytical 

framework, models, and tools that DOE 

is using to evaluate potential amended 

and new standards for this equipment; 

the results of preliminary analyses 

performed by DOE for this equipment; 

the potential energy conservation 

standard levels derived from these 

analyses that DOE could consider for 

this equipment; and any other issues 

relevant to the development of amended 

energy conservation standards for 

refrigerated beverage vending machines. 

In addition, DOE encourages written 

comments on these subjects. To inform 

interested parties and to facilitate this 

process, DOE has prepared an agenda, a 

preliminary technical support document 

(TSD), and briefing materials, which are 

available on the DOE Web site at: 

http://www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/

ruleid/73. 

DATES: DOE will accept comments, data, 

and other information regarding this 

rulemaking before or after the public 

meeting, but no later than October 7, 

2014. See section IV, ‘‘Public 

Participation,’’ of this notice of public 

meeting (NOPM) for details. DOE will 

hold a public meeting on September 16, 

2014, from 9:00 a.m. to 5:00 p.m., in 

Washington, DC. Additionally, DOE 

plans to allow for participation in the 

public meeting via webinar. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room GH–019, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Please 

note that foreign nationals participating 

in the public meeting are subject to 

advance security screening procedures 

which require advance notice prior to 

attendance at the public meeting. If a 

foreign national wishes to participate in 

the public meeting, please inform DOE 

of this fact as soon as possible by 

contacting Ms. Brenda Edwards at (202) 

586–2945 so that the necessary 

procedures can be completed. DOE 

requires visitors to have laptops and 

other devices, such as tablets, checked 

upon entry into the building. Please 

report to the visitor’s desk to have 

devices checked before proceeding 

through security. 

Interested persons may submit 

comments, identified by docket number 

EERE–2013–BT–STD–0022 and/or 

Regulation Identification Number (RIN) 

1904–AD00, by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: BVM2013STD0022@

ee.doe.gov. Include the docket number 

EERE–2013–BT–STD–0022 and/or RIN 

1904–AD00 in the subject line of the 

message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

(Please note that comments and CDs 

sent by mail are often delayed and may 

be damaged by mail screening 

processes.) 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, the 

framework document, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The rulemaking Web page can be 

found at: http://www1.eere.energy.gov/

buildings/appliance_standards/

rulemaking.aspx/ruleid/73. This Web 

page contains a link to the docket for 

this notice on the www.regulations.gov 

site. The www.regulations.gov Web page 

contains instructions on how to access 

all documents in the docket, including 

public comments. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section IV, ‘‘Public Participation,’’ of 

this document. For further information 

on how to submit a comment, review 

other public comments and the docket, 

or participate in the public meeting, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ron Majette, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 286–1692. Email: 

BVM2013STD0022@ee.doe.gov. Or visit 

DOE’s Refrigerated Beverage Vending 

Machine Web page at http://www1.eere.

energy.gov/buildings/appliance_

standards/product.aspx/productid/24 

for information about any existing 

standards and test procedures, and the 

history and impacts of previous DOE 

regulatory actions, for this category of 

equipment. 

Ms. Sarah Butler, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–1777. Email: 

Sarah.Butler@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

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46380 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Pub. L. 112–210 (Dec. 18, 2012). 

3Because Congress included BVMs in Part A of 

Title III of EPCA, the consumer product provisions 

of Part A (not the industrial equipment provisions 

of Part A–1) apply to BVMs. DOE placed the 

regulatory requirements specific to BVMs in Title 

10 of the Code of Federal Regulations (CFR), part 

431, ‘‘Energy Efficiency Program for Certain 

Commercial and Industrial Equipment’’ as a matter 

of administrative convenience based on their type 

and will refer to BVMs as ‘‘equipment’’ throughout 

this document because of their placement in 10 CFR 

part 431. Despite the placement of BVMs in 10 CFR 

part 431, the relevant provisions of Title A of EPCA 

and 10 CFR part 430, which are applicable to all 

product types specified in Title A of EPCA, are 

applicable to BVMs. See 74 FR 44914, 44917 (Aug. 

31, 2009). DOE proposes to amend 10 CFR 431.291 

to clarify this point by specifying that the regulatory 

provisions of 10 CFR 430.33 and 430.34 and 

subparts D and E of 10 CFR part 430 are applicable 

to BVMs. DOE notes that, because the procedures 

in Parts 430 and 431 for petitioning the Department 

for and obtaining a test procedure waiver are 

substantively the same (79 FR 26591, 26601 (May 

9, 2014)) the regulations for applying for a test 

procedure waiver for BVMs are those found at 10 

CFR 431.401 rather than those found at 430.27. 

Table of Contents 

I. Authority 

II. History of Energy Conservation Standards 

for Refrigerated Beverage Vending 

Machines 

A. Background 

B. Current Rulemaking Process 

III. Summary of the Analyses Performed by 

DOE 

A. Engineering Analysis 

B. Markups To Determine Prices 

C. Energy Use Analysis 

D. Life-Cycle Cost and Payback Period 

Analyses 

E. National Impact Analysis 

IV. Public Participation 

A. Attendance at the Public Meeting 

B. Procedure for Submitting Requests to 

Speak 

C. Conduct of the Public Meeting 

D. Submission of Comments 

V. Approval of the Office of the Secretary 

I. Authority 

Title III, Part B1 of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

as amended, Public Law 94–163 (42 

U.S.C. 6291–6309, as codified) sets forth 

a variety of provisions designed to 

improve energy efficiency and 

established the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.’’ 2 As part of this 

program, EPCA directed DOE to 

prescribe energy conservation standards 

for beverage vending machines. (42 

U.S.C. 6295(v)) 3

EPCA requires that, not later than 6 

years after issuance of any final rule 

establishing or amending a standard, 

DOE publish a notice of proposed 

rulemaking (NOPR) proposing new 

standards or a notice of determination 

that the existing standards do not need 

to be amended. (42 U.S.C. 6295(m)(1)) 

EPCA provides criteria for prescribing 

amended and new energy conservation 

standards. More specifically, DOE is 

required to ensure that each standard: 

(1) Achieves the maximum 

improvement in energy efficiency that is 

technologically feasible and 

economically justified; and (2) results in 

significant conservation of energy. (42 

U.S.C. 6295(o)(2)(A) and (o)(3)(B)) EPCA 

also provides that in deciding whether 

a proposed standard is economically 

justified, DOE must, after receiving 

comments on the proposed standard, 

determine whether the benefits of the 

standard exceed its burdens by 

considering, to the greatest extent 

practicable, the following seven factors: 

1. The economic impact of the standard on 

manufacturers and consumers of products 

subject to the standard; 

2. The savings in operating costs 

throughout the estimated average life of the 

covered products in the type (or class) 

compared to any increase in the price, initial 

charges, or maintenance expenses for the 

covered products which are likely to result 

from the standard; 

3. The total projected amount of energy 

savings likely to result directly from the 

standard; 

4. Any lessening of the utility or the 

performance of the covered products likely to 

result from the standard; 

5. The impact of any lessening of 

competition, as determined in writing by the 

Attorney General, that is likely to result from 

the standard; 

6. The need for national energy 

conservation; and 

7. Other factors the Secretary of Energy 

considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)) 

EPCA further provides that DOE may 

not prescribe an amended or new 

standard if the standard is likely to 

result in the unavailability in the United 

States in any covered equipment type 

(or class) of performance characteristics 

(including reliability), features, sizes, 

capacities, and volumes that are 

substantially the same as those generally 

available in the United States at the time 

that the standard is prescribed. (42 

U.S.C. 6295(o)(4)) 

Before proposing a standard, DOE 

typically seeks public input on the 

analytical framework, models, and tools 

that DOE will use to evaluate standards 

for the equipment at issue and the 

results of preliminary analyses DOE 

performed for the equipment. DOE 

publishes this notice announcing the 

availability of the preliminary technical 

support document (TSD), which details 

the preliminary analyses, discusses the 

comments DOE received from interested 

parties on the Framework Document, 

and summarizes the preliminary results 

of DOE’s analyses. In addition, DOE is 

announcing a public meeting to solicit 

feedback from interested parties on its 

analytical framework, models, and 

preliminary results. 

II. History of Energy Conservation 

Standards for Refrigerated Beverage 

Vending Machines 

A. Background 

EPCA directed the Secretary to issue 

by rule, no later than August 8, 2009, 

energy conservation standards for 

refrigerated bottled or canned beverage 

vending machines. DOE began a 

rulemaking process in 2006 and in 

August 2009 published a final rule for 

beverage vending machines (henceforth 

referred to as the 2009 BVM final rule). 

74 FR 44914 (Aug. 31, 2009). The entire 

rulemaking process that culminated 

with the publication of the 2009 BVM 

final rule will be referred to as the 2009 

BVM rulemaking. The 2009 BVM final 

rule established energy conservation 

standards for beverage vending 

machines, with a compliance date of 

August 31, 2012. The 2009 BVM final 

rule document is currently available at 

http://www.regulations.gov/#!document

Detail;D=EERE-2006-STD-0125-0005. 

B. Current Rulemaking Process 

In initiating this rulemaking, DOE 

prepared a Framework Document, 

‘‘Energy Conservation Standards 

Rulemaking Framework Document for 

Refrigerated Beverage Vending 

Machines,’’ which describes the 

procedural and analytical approaches 

DOE anticipates using to evaluate 

energy conservation standards for 

refrigerated beverage vending machines. 

DOE published a notice that announced 

both the availability of the Framework 

Document and a public meeting to 

discuss the proposed analytical 

framework for the rulemaking. That 

notice also invited written comments 

from the public. 78 FR 33262 (June 4, 

2013). The Framework Document is 

available at: http://www.regulations.gov/ 

#!docketDetail;D=EERE-2013-BT-STD0022. 

DOE held a public meeting on June 

20, 2013, at which it described the 

various analyses DOE would conduct as 

part of the rulemaking, such as the 

engineering analysis, the life-cycle cost 

(LCC) and payback period (PBP) 

analyses, and the national impact 

analysis (NIA). Representatives for 

manufacturers, environmental and 

energy efficiency advocates, and other 

interested parties attended the meeting. 

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Comments received since publication 

of the Framework Document have 

helped DOE identify and resolve issues 

related to the preliminary analyses. 

Chapter 2 of the preliminary TSD 

summarizes and addresses the 

comments received in response to the 

Framework Document. 

III. Summary of the Analyses 

Performed by DOE 

For the refrigerated beverage vending 

machines covered in this rulemaking, 

DOE is both considering amending 

standards for equipment classes with 

current standards, as well as potentially 

establishing standards for covered 

equipment classes which do not 

currently have standards. DOE 

conducted in-depth technical analyses 

in the following areas: (1) Engineering; 

(2) markups to determine equipment 

price; (3) energy use; (4) life-cycle cost 

and payback period; and (5) national 

impacts. The preliminary TSD that 

presents the methodology and results of 

each of these analyses is available at: 

http://www.regulations.gov/#!docket

Detail;D=EERE-2013-BT-STD-0022. 

DOE also conducted, and has 

included in the preliminary TSD, 

several other analyses that support the 

major analyses or are preliminary 

analyses. These will be expanded upon 

for a notice of proposed rulemaking 

(NOPR), if DOE determines that 

amended energy conservation standards 

are technologically feasible, 

economically justified, and would save 

a significant amount of energy, based on 

the available information. These 

analyses include: (1) The market and 

technology assessment; (2) the screening 

analysis, which contributes to the 

engineering analysis; and (3) the 

shipments analysis, which contributes 

to the LCC and PBP analysis and the 

NIA. In addition to these analyses, DOE 

has begun preliminary work on the 

manufacturer impact analysis and has 

identified the methods to be used for the 

consumer subgroup analysis, the 

emissions analysis, the employment 

impact analysis, the regulatory impact 

analysis, and the utility impact analysis. 

DOE will expand on these analyses in 

the NOPR. 

A. Engineering Analysis 

The engineering analysis establishes 

the relationship between the cost and 

efficiency levels of the equipment that 

DOE is evaluating as potential energy 

conservation standards. This 

relationship serves as the basis for costbenefit calculations for individual 

consumers, manufacturers, and the 

nation. The engineering analysis 

identifies representative baseline 

equipment, which is the starting point 

for analyzing technologies that provide 

energy efficiency improvements. 

‘‘Baseline equipment’’ refers to a model 

or models having features and 

technologies typically found in 

minimally-efficient equipment currently 

available on the market and, for 

equipment already subject to energy 

conservation standards, models that just 

meet the current standards. After 

identifying the baseline models, DOE 

estimated manufacturer selling prices by 

using a consistent methodology and 

pricing scheme that includes material 

costs and manufacturer markups. 

Chapter 5 of the preliminary TSD 

discusses the engineering analysis. 

B. Markups To Determine Prices 

DOE derives customer prices for 

equipment based on manufacturer 

markups, retailer markups, distributor 

markups, contractor markups (where 

appropriate), and sales taxes. In deriving 

these markups, DOE determines the 

major distribution channels for 

equipment sales, the markup associated 

with each party in each distribution 

channel, and the existence and 

magnitude of differences between 

markups for baseline equipment 

(baseline markups) and higherefficiency equipment (incremental 

markups). DOE calculates both overall 

baseline and overall incremental 

markups based on the markups at each 

step in each distribution channel. 

Chapter 6 of the preliminary TSD 

addresses the markups analysis. 

C. Energy Use Analysis 

The energy use analysis provides 

estimates of the annual energy 

consumption of refrigerated beverage 

vending machines. The energy use 

analysis seeks to estimate the range of 

energy consumption of the equipment 

that meets each of the efficiency levels 

considered in a given rulemaking as it 

is used in the field. DOE uses these 

values in the LCC and PBP analyses and 

in the NIA. Chapter 7 of the preliminary 

TSD addresses the energy use analysis. 

D. Life-Cycle Cost and Payback Period 

Analyses 

The LCC and PBP analyses determine 

the economic impact of potential 

amended standards on individual 

consumers. The LCC is the total cost of 

purchasing, installing, and operating 

considered equipment over the course 

of its lifetime. The LCC analysis 

compares the LCCs of equipment 

designed to meet possible energy 

conservation standards with the LCC of 

the equipment likely to be installed in 

the absence of standards. DOE 

determines LCCs by considering: (1) 

Total installed cost to the purchaser 

(which consists of manufacturer selling 

price, distribution chain markups, sales 

taxes, and installation cost); (2) the 

operating cost of the equipment (energy 

cost, water and wastewater cost in some 

cases, and maintenance and repair cost); 

(3) equipment lifetime; and (4) a 

discount rate that reflects the real 

consumer cost of capital and puts the 

LCC in present-value terms. The PBP 

represents the number of years needed 

to recover the increase in purchase price 

(including installation cost) of higherefficiency equipment through savings in 

the operating cost of the equipment. 

PBP is calculated by dividing the 

incremental increase in installed cost of 

the higher efficiency equipment, 

compared to the baseline equipment, by 

the annual savings in operating costs. 

Chapter 8 of the preliminary TSD 

addresses the LCC and PBP analyses. 

E. National Impact Analysis 

The NIA estimates the national energy 

savings (NES) and the net present value 

(NPV) of total consumer costs and 

savings expected to result from 

amended standards at specific efficiency 

levels (referred to as candidate standard 

levels). DOE calculated NES and NPV 

for each candidate standard level for 

refrigerated beverage vending machines 

as the difference between a base-case 

forecast (without amended standards) 

and the standards-case forecast (with 

standards). DOE determined national 

annual energy consumption by 

multiplying the number of units in use 

(by vintage) by the average unit energy 

consumption (also by vintage). 

Cumulative energy savings are the sum 

of the annual NES determined for the 

lifetime of the equipment shipped from 

2019 to 2048 for all equipment classes. 

The analysis period is 30 years, which 

is consistent with other rulemakings 

and sufficiently long to cover the 

expected life of the equipment. The 

analysis period begins in 2019, the 

expected year of compliance with an 

amended standard. The national NPV is 

the sum over time of the discounted net 

savings each year, which consists of the 

difference between total operating cost 

savings and increases in total installed 

costs. Critical inputs to this analysis 

include shipments projections, 

estimated equipment lifetimes, 

equipment installed costs and operating 

costs, equipment annual energy 

consumption, the base-case efficiency 

projection, and discount rates. Chapter 

10 of the preliminary TSD addresses the 

National Impact Analysis. 

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46382 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules 

IV. Public Participation 

DOE invites input from the public on 

all the topics described above. The 

preliminary analytical results are 

subject to revision following further 

review and input from the public. A 

complete and revised TSD will be made 

available upon issuance of a NOPR. The 

final rule establishing any amended 

energy conservation standards will 

contain the final analytical results and 

will be accompanied by a final rule 

TSD. 

DOE encourages those who wish to 

participate in the public meeting to 

obtain the preliminary TSD from DOE’s 

Web site and to be prepared to discuss 

its contents. Once again, a copy of the 

preliminary TSD is available at: http:// 

www.regulations.gov/#!docketDetail;D=

EERE-2013-BT-STD-0022. However, 

public meeting participants need not 

limit their comments to the topics 

identified by DOE in the preliminary 

TSD; DOE is also interested in receiving 

views concerning other relevant issues 

that participants believe would affect 

energy conservation standards for this 

equipment or that DOE should address 

in the NOPR. 

Furthermore, DOE welcomes all 

interested parties, regardless of whether 

they participate in the public meeting, 

to submit in writing by October 7, 2014 

comments, data, and information on 

matters addressed in the preliminary 

TSD and on other matters relevant to 

consideration of energy conservation 

standards for beverage vending 

machines. 

The public meeting will be conducted 

in an informal, conference style. A court 

reporter will be present to record the 

minutes of the meeting. There shall be 

no discussion of proprietary 

information, costs or prices, market 

shares, or other commercial matters 

regulated by United States antitrust 

laws. 

After the public meeting and the 

closing of the comment period, DOE 

will consider all timely-submitted 

comments and additional information 

obtained from interested parties, as well 

as information obtained through further 

analyses. Afterwards, the Department 

will publish either a determination that 

the standards for refrigerated beverage 

vending machines need not be amended 

or a NOPR proposing to amend those 

standards. The NOPR would include 

proposed energy conservation standards 

for the equipment covered by the 

rulemaking, and members of the public 

will be given an opportunity to submit 

written and oral comments on the 

proposed standards. 

A. Attendance at the Public Meeting 

The time and date of the public 

meeting are listed in the DATES and 

ADDRESSES sections at the beginning of 

this notice. The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, GH–019, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. To attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945. Any 

foreign national wishing to participate 

in the meeting should advise DOE of 

this fact as soon as possible by 

contacting Ms. Brenda Edwards to 

initiate the necessary procedures. 

You can attend the public meeting via 

Webinar, and registration information, 

participant instructions, and 

information about the capabilities 

available to Webinar participants will be 

published on the following Web site: 

http://www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/

ruleid/73. Participants are responsible 

for ensuring their computer systems are 

compatible with the Webinar software. 

The purpose of the meeting is to 

receive comments and to help DOE 

understand potential issues associated 

with this rulemaking. DOE must receive 

requests to speak at the meeting before 

5:00 p.m. Tuesday, September 2, 2014. 

DOE must receive a signed original and 

an electronic copy of statements to be 

given at the public meeting before 5:00 

p.m. Tuesday, September 9, 2014. 

B. Procedure for Submitting Requests to 

Speak 

Any person who has an interest in 

today’s notice or who is a representative 

of a group or class of persons that has 

an interest in these issues may request 

an opportunity to make an oral 

presentation. Such persons may handdeliver requests to speak, along with a 

computer diskette or CD in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format to Ms. Brenda Edwards at the 

address shown in the ADDRESSES section 

at the beginning of this notice between 

9:00 a.m. and 4:00 p.m. Monday through 

Friday, except Federal holidays. 

Requests may also be sent by mail to the 

address shown in the ADDRESSES section 

or email to Brenda.Edwards@ee.doe.gov. 

Persons requesting to speak should 

briefly describe the nature of their 

interest in this rulemaking and provide 

a telephone number for contact. DOE 

requests persons selected to be heard to 

submit an advance copy of their 

statements at least two weeks before the 

public meeting. At its discretion, DOE 

may permit any person who cannot 

supply an advance copy of their 

statement to participate, if that person 

has made advance alternative 

arrangements with the Building 

Technologies Office. The request to give 

an oral presentation should ask for such 

alternative arrangements. 

C. Conduct of the Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also employ a professional facilitator to 

aid discussion. The meeting will not be 

a judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA. 

(42 U.S.C. 6306). A court reporter will 

record the proceedings and prepare a 

transcript. DOE reserves the right to 

schedule the order of presentations and 

to establish the procedures governing 

the conduct of the public meeting. After 

the public meeting, interested parties 

may submit further comments on the 

proceedings as well as on any aspect of 

the rulemaking until the end of the 

comment period. 

The public meeting will be conducted 

in an informal, conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for presentations by 

participants, and encourage all 

interested parties to share their views on 

issues affecting this rulemaking. Each 

participant will be allowed to make a 

prepared general statement (within 

DOE-determined time limits) prior to 

the discussion of specific topics. DOE 

will permit other participants to 

comment briefly on any general 

statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly and 

comment on statements made by others. 

Participants should be prepared to 

answer questions from DOE and other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the above procedures that may be 

needed for the proper conduct of the 

public meeting. 

A transcript of the public meeting will 

be posted on the DOE Web site and will 

also be included in the docket, which 

can be viewed as described in the 

Docket section at the beginning of this 

notice. In addition, any person may buy 

a copy of the transcript from the 

transcribing reporter. 

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D. Submission of Comments 

DOE will accept comments, data, and 

other information regarding this 

rulemaking before or after the public 

meeting, but no later than the date 

provided at the beginning of this notice. 

Please submit comments, data, and 

other information as provided in the 

ADDRESSES section. Submit electronic 

comments in WordPerfect, Microsoft 

Word, PDF, or text (ASCII) file format 

and avoid the use of special characters 

or any form of encryption. Comments in 

electronic format should be identified 

by the Docket Number EERE–2013–BT– 

STD–0022 and/or RIN 1904–AD00 and, 

wherever possible, carry the electronic 

signature of the author. No 

telefacsimiles (faxes) will be accepted. 

Pursuant to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination as to the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) a date 

upon which such information might 

lose its confidential nature due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this NOPM. 

Issued in Washington, DC, on August 1, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–18799 Filed 8–7–14; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[EPA–R05–OAR–2005–OH–0002; FRL– 

9914–93-Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Particulate Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is reopening the comment 

period for a proposed Clean Air Act rule 

published June 26, 2014. EPA solicited 

comment on whether events subsequent 

to a prior comment period should alter 

EPA’s proposed disapproval of a June 4, 

2003, Ohio submission with respect to 

SIP opacity limitations. In response to 

requests from the Ohio Environmental 

Protection Agency (Ohio EPA) and from 

the Ohio Utility Group, EPA is 

reopening the comment period for 30 

days. 

DATES: Comments must be received on 

or before September 8, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2005–OH–0002, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail or Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Deliveries are only accepted during the 

Regional Office normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2005– 

OH–0002. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone John 

Summerhays, Environmental Scientist, 

at (312) 886–6067, before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6067, 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

On June 27, 2005, EPA proposed to 

disapprove provisions relating to 

opacity limitations contained in an Ohio 

submittal dated June 4, 2003. EPA is 

evaluating the public comments 

received in response to the proposed 

disapproval. Given the passage of time, 

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